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The detainee photo bill is signed into law, the ACLU will fight it...
Strictly speaking, however, classification alone is not sufficient to exempt any such record from the FOIA. It must also be “properly classified,” and that is a determination that is to be made by a court of law.
Steven Aftergood - Secrecy News
http://www.fas.org/blog/secrecy/2009/06/congressional_action.html